CITY OF BONITA SPRINGS, FLORIDA RESOLUTION NO A RESOLUTION OF THE CITY OF BONITA SPRINGS, FLORIDA; CREATING THE ADMINISTRATIVE CODE FOR

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1 FLORIDA; CREATING THE ADMINISTRATIVE CODE FOR COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. RULES OF CONDUCT FOR THE BONITA SPRINGS CITY A RESOLUTION OF THE CITY OF BONITA SPRINGS, Date Filed With City Clerk: Slachta Aye Martin Aye Lonkart Aye Vote: McIntosh Aye Simons Aye Nelson Aye Spear Aye City Attorney APPROVED AS TO FORM: Mayor City Clerk AUTHENTICATION: Springs, Florida this 151[1 day of September, DULY PASSED AND ENACTED by the City Council of the City of Bonita 2. This Resolution shall take effect immediately upon adoption. Bonita Springs City Council. incorporated by reference herein by Exhibit A, as amended, is applicable to 1. The City Council declares that the procedures set forth, attached hereto, and Bonita Springs, Lee County, Florida: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of establish a Code of Conduct for its elected officials. WHEREAS, City Council desires to create an Administrative Code to members beyond those specified in this charter and may provide for such penalties as it deems appropriate, including forfeiture of office. Council shall determine its own rules and order of business, with section 22 WHEREAS, the City Charter establishes that the Bonita Springs City specifying that City Council may set additional written standards of conduct for its WHEREAS, the Bonita Springs City Council, as the duly elected governing body for the City of Bonita Springs; and RESOLUTION NO CITY OF BONITA SPRINGS, FLORIDA

2 Roles, Responsibilities and Respect The Three Rs of Bonita Springs Government Leadership: U:\City cierkdocuments\administrative CODES\RES CODE OF CONDUCT-ELECTED OFFICIALSdoc A. Overview of Roles and Responsibilities are dignity and respect. Councilmembers experience stress in making decisions the most difficult situations. the touchstone that can help guide Councilmembers to do the right thing in even times. Demonstrating respect for each individual through words and actions is pressures, elected officials are called upon to exhibit appropriate behavior at all community must be weighed against the impact of only a few. Despite these that impact the lives of the citizens. At times, the impacts of the entire The constant and consistent themes through all of the conduct guidelines I. Sanctions 12 H. Council Conduct with the Media 1 1 E. Council Conduct with the Public 8 G. Council Conduct with Advisory Boards 10 A. Overview of Roles and Responsibilities 2 F. Council Conduct with Other Public Agencies 9 D. Council Conduct with City Staff 6 C. Council Conduct with One Another 5 B. Policies and Protocol Related to Conduct 4 The contents of this Code of Conduct includes: Page smoothly. designed to make public meetings and the process of governance run more City Council also considered a wide variety of policy changes and clarifications behavior, manners, and courtesies that are suitable for various occasions. The Springs. It reflects the work of the City Council with defining more clearly the with whom they come into contact with while representing the City of Bonita Councilmembers should treat one another, city staff, constituents, and others The Code of Conduct is designed to describe the manner in which meetings, but until now, what has not been clearly written down is a Code of their office for private gain. There is also an Administrative Code for conducting that City Council conducts themselves independently and impartially, not using for Public Officers and Employees provides guidance on ethical issues to ensure Councilmembers, the Deputy Mayor and the Mayor. The Florida Code of Ethics Conduct for Bonita Springs City Councilmembers. The City Charter provides information on the roles and responsibilities of FOR ELECTED OFFICIALS CITY OF BONITA SPRINGS CODE OF CONDUCT

3 MAYOR (City Charter 18) published by the Florida League of Cities. U:\City C)rk\Documents\ADMINISTRATIVE CODES\RES CODE OF CONDUCT-ELECTED OFFPCIALS.doc 3 Fully participate in City Council meetings and other duly advertised public Prepare in advance of meetings and be familiar with issues on the Serve as a model of leadership and civility to the community. Provide contact information with the City Clerk in case of an emergency or Demonstrate honesty and integrity in every action and statement. available. an urgent situation arises while the Councilmember is otherwise not Be respectful of other people s time. Stay focused and act efficiently Inspire public confidence in Bonita Spring s government. during Council meetings or other City related meetings. agenda. Address clarifications prior to meeting with applicable staff. and courtesy to all. meetings while demonstrating dignity, respect, kindness, consideration, All Councilmembers should: Councilmember, and all should be treated with equal respect. equal votes. No Councilmember has more power than any other All members of the City Council, including the Mayor and Deputy Mayor, have ALL COUNCILMEMBERS (City Charter 12) duties of Mayor, unless more than 180 days from next election (then a Special Election). Relinquishes City Council seat when serving as Mayor, assuming the duties, ceases to be qualified or is removed from office. Elected by the City Council at the first meeting following a new election. Performs the duties of the Mayor if the Mayor is absent, unable to fulfill DEPUTY MAYOR (City Charter 18 And 21) Shall in no case have the power to veto Recognized as head of the City Government for all ceremonial purposes Has same speaking and voting rights as any other member Leads the Council into an effective, cohesive working team Elected at-large for a four-year term Preside over meetings of the City Council Executes and authenticates legal instruments requiring signature Administrative Code and in the Handbook for Municipal Elected Officials, elected officials can be found in the Bonita Springs City Charter, Ordinances and Other resources that are helpful in defining the roles and responsibilities of

4 B. Policies and Protocol Related to Conduct Communications Policy, etc. and Public Records Law, Administrative Code for City Council meetings, U:\cty Clerk\Documents\ADM)NISTRATIVE CODES\RES CODE OF CONDUCT-ELECTED OFFICIALS.doc 4 the hearing. Councilmembers should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. discretion to modify the public hearing process in order to make the meeting hearing portion of the meeting until the conclusion of the public s portion of run smoothly. Councilmembers should withhold comment during the public Mayor has the responsibility to run an efficient public meeting and has the meetings, following the Rules of Procedure for City Council meetings. The 6. Public Meeting Hearing Protocol - The Mayor will open the public Council meetings. Order for meeting management. See the Administrative Code for City 5. Legislative Process - The City generally follows Roberts Rule of relations. scheduled meetings with other entities to further promote intergovernmental As a result, Councilmembers should make a concerted effort to attend intergovernmental relations with neighboring communities and other entities. (the exception are designated liaisons). The Council values designates the Mayor to represent the City in intergovernmental relationships 4. Intergovernmental Relations Generally, City Charter 18 official City meetings or functions. inappropriate to mention endorsements during Council meetings or other endorse candidates for all Council seats or other elected offices. It is 3. Endorsements of Candidates - Councilmembers have the right to letters will carry the signature of the Mayor or the appropriate City staff. prepare official letters in response to public inquiries and concerns. These during Council meetings (exception: zoning ex parte contact). City staff will acknowledge the receipt of correspondence, or copies of correspondence, 2. Correspondence Signatures - Councilmembers do not need to from the Council. staff will determine if the event organizers would like another representative as the designated City representative. If the Mayor is unavailable, then City 1. Ceremonial Events City Charter 18 designates the Mayor to serve including, but not limited to, Honest Services Act, State Ethics, Sunshine Follow Federal, State and Municipal Laws guiding public officials,

5 state or out-of-state. Such travel shall include attendance at conferences, reasonable expenses for registration fees, lodging, meals, transportation, and seminars, and training sessions on behalf of the City. The City shall pay official duties. Councilmembers who travel on official City Business either in May U:\City Cerk\Documerits\ADMINISTRAT)VE CODES\RES CODE OF CONDUCT-ELECTED OFFICIALS.doc 5 remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a point of personal the language used. The Mayor will maintain order of this discussion. privilege that challenges the other Councilmember to justify or apologize for Councilmembers - If a Councilmember is personally offended by the 3. Avoid personal comments that could offend other those objections should be voiced politely and with reason. Mayor s actions in refraining staff, public or Councilmembers from speaking, Councilmembers should honor efforts by the Mayor to focus discussions on current agenda items. If there is disagreement about the agenda or the not limited to, the Councilmembers on track during public meetings. responsibility of the Mayor to keep the comments of all persons, including but 2. Honor the role of the Mayor in maintaining order - It is the appearance. themselves in a professional manner at all times, including physical construed as threatening will be tolerated. Councilmembers should conduct disparaging comments. No shouting or physical actions that could be belligerent, personal, impertinent, slanderous, threatening, abusive, or in action. This does not allow, however, Councilmembers to make criticism of ideas and information are legitimate elements of a free democracy debate - Difficult questions, tough challenges to a particular point of view, and 1. Practice civility, professionalism and decorum in discussions and IN PUBLIC MEETINGS contentious issues. present and the future of the community. In all cases, this common goal chosen to serve in public office in order to preserve, protect and enhance the personalities, values, opinions, and goals. Despite this diversity, all have Councils are composed of individuals with a wide variety of backgrounds, should be acknowledged even as Council may agree to disagree on C. Council Conduct with One Another are responsible for spouse or others travelling with the Council member). All allowable miscellaneous expenses for the Councilmember only. (City Council travel expenses will be handled in the same manner and consistent with the provisions of state law and ordinances. 12) - 7. Travel Expenses (City Charter 19, Bonita Springs Ordinance No. 00- receive reimbursement of actual expenses while performing their

6 the community as a whole. points of view can find common ground and seek a compromise that benefits U:\City ClerkDocuments\ADMINISTRATlVE CODES\RES CODE OF CONDUCT-ELECTED OFFICIALS.doc 6 policy, and City staff members, who implement and administer the Council Governance of a City relies on the cooperative efforts of elected officials, who set 0. Council Conduct with City Staff watched, and casual comments between individuals before and after public meetings noted. conversations will be eavesdropped upon, parking lot debates will be monitored by people around them that they may not know. Lunch table officials are always on display their actions, mannerisms, and language are 3. Even private conversations can have a public presence - Elected City business are public communication subject to disclosure. knowledge is a public record, and unless exempt, must be turned over to forwarded to others? Written notes, voic messages and related to speaker phone in a full office? What would happen if this message was others? How would you feel if this voic message was played on a yourself: Would you feel comfortable to have this note faxed or PDF d to someone requesting to see that material. Before you create a document, ask mandates that any material made or received by an agency in connection much forethought to be distributed wide and far. The Public Records Law messages, and - Technology allows words written or said without 2. Be aware of the insecurity of written notes, voice and text with official business be used to perpetuate, communicate or formalize public discussions should be maintained in private conversations. and consideration of differing points of view that is deemed appropriate for 1. Continue respectful behavior in private - The same level of respect IN PRIVATE ENCOUNTERS materials. agenda, it is important they set the example by providing timely written scheduled issues, If a Councilmember has an item requested to be on the be relative to the topic at hand to allow adequate time to fully discussed discussions. Therefore, it is important that Councilmembers be punctual and Councilmembers have made a commitment to attend meetings and partake in that meetings start on time. It is equally important that discussions on issues 5. Be punctual and keep comments relative to topics discussed - Councilmembers have a public stage to show how individuals with disparate 4. Demonstrate effective problem-solving approaches -

7 Poor behavior towards staff is not acceptable. respects the abilities, experience, and dignity of each individual is expected. 1. Treat all staff as professionals - Clear, honest communication that community. u.\city Clerk\Documents\ADMINISTRATIVE CODES\RES-1O-057-CODE OF CONDUCT-ELECTED OFFICIALS.doc 7 situations, requests for additional staff support should be made to the City 8. Limit requests for staff support - Even in high priority or emergency intimidates staff, and hampers staff s ability to do their job objectively. anything, the Councilmembers presence implies support, shows partiality, requested by staff or City Council - Even if the Councilmember does not say 7. Do not attend staff meetings (with or without public) unless see if an official City response has already been sent or is in progress. Before sending correspondence, Councilmembers should check with City staff to 6. Check with City staff on correspondence before taking action - functions. information about the prohibition of Council interference in administrative granting of City licenses and permits. The City Charter, Section 20 also contains of contracts, selecting of consultants, processing of development applications, or must not attempt to influence City Staff on the making of appointments, awarding 5. Do not get involved in administrative functions - Councilmembers performance should only be made to the City Manager. employee directly, or to the employee s manager. Comments about staff express concerns about the performance of a City employee in public, to the 4. Never publicly criticize an individual employee - Council should never are in meetings, on the phone, or engrossed in performing their job functions. for City Council, but Councilmembers should avoid disrupting City staff while they 3. Do not disrupt City staff from their jobs Staff wants to be accessible access to information. will be made available to all members of the Council so that all have equal for direction. Materials supplied to a Councilmember in response to a request the City Manager or the City Attorney when appropriate. When in doubt about copied on or informed of any request. what staff contact is appropriate, Councilmembers should ask the City Manager Manager, City Attorney, or Department Heads. The City Manager should be requests for additional background information should be directed to the City Requests for follow-up or directions to staff should be made only through 2. Limit contact to specific City staff - Questions of City staff and/or mutual respect for the contributions made by each individual for the good of the policies. Therefore, every effort should be made to be cooperative and show

8 lawn signs, name on support list, etc.) from City staff. City staff may, as private solicit any type of political support (financial contributions, display of poster or 9. Do not solicit political support from staff - Councilmembers should not U \City Clerk\Documents ADMINISTRATIVE codes\res CODE OF CONDUCT-ELECTED OFFcIALsdoc 8 disinterest. Be aware of facial expressions and body language (e.g., head and gazing around the room or getting up from your seat gives the appearance of look down at documents or to make notes, but reading for a long period of time, to have Councilmembers not look at them when they are speaking. It is fine to c. Give the appearance of active listening - It is disconcerting to speakers limited and specific purpose. minutes with applicants and appellants or their designated representatives away unless he or she exhibits inappropriate behavior. Each speaker may only testimony will be accepted unless the Mayor reopens the public hearing for a clarification. After the close of any public comment portion, no more public speak once during the public comment unless the Council requests additional b. Be fair and equitable in allocating public hearing time to individual of view not already covered by previous speakers. No speaker will be turned Council meetings, will determine and announce limits on speakers at the start of time limit and/or ask speakers to limit themselves to new information and points allowed more time. If many speakers are anticipated, the Mayor may shorten the the public hearing process. Generally, each speaker will be allocated four speakers - The Mayor, in accordance with the Administrative Code for City decisions are emotional. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. issues the Council undertakes may affect people s daily lives and homes. Some Speaking in front of Council can be a difficult experience for some people. Some a. Be welcoming to speakers and treat them with care and gentleness - forum. Every effort should be made to be fair and impartial in listening to public part of individual Councilmembers toward an individual participating in a public testimony. process. No signs of partiality prejudice or disrespect should be evident on the Making the public feel welcome is an important part of the democratic 1. IN PUBLIC MEETINGS E. Council Conduct with the Public activities must be done away from the workplace. citizens with constitutional rights, support political candidates but all such professional, well-run City government and following City Council direction. Manager who is responsible for allocating City resources in order to maintain a

9 Only the Mayor d. Ask for clarification, but avoid debate and argument with the public - individual Councilmembers not can interrupt a speaker during U:\City Clerk\Documents\ADMINISTRATIVE codes\res CODE OF CONDUCT-ELECTED OFFICIALS.doc 9 F. Council Conduct with Other Public Agencies serious and continuous responsibility. and respect for the dignity of each individual should be reflected in every word and action taken by Councilmembers, 24 hours a day, seven days a week. It is a serve as models for proper deportment in the City of Bonita Springs. Honesty c. Remember that despite its impressive size, Bonita Springs is a small community every day that they serve in office. Their behaviors and comments community at heart Councilmembers derogatory comments about other Councilmembers, their opinions and actions. are constantly being observed by the acceptable to disagree publicly about an issue, but it is unacceptable to make b. Make no personal comments about other Councilmembers - It is plant new flowers in the median, etc.). promise City staff will do something specific (fix a pothole, remove a library book, information. It is inappropriate to overtly or implicitly promise Council action, or to to give a brief overview of City policy and to refer to City staff for further issue as they meet and talk with constituents in the community. It is appropriate frequently be asked to explain a Council action or to give their opinion about an a. Make no promise on behalf of the Council - Councilmembers will 2. IN UNOFFICIAL SETTINGS appeal of the full Council. Final rulings on parliamentary procedure are made by the Mayor, subject to the answer questions or interpret situations according to parliamentary procedures. City Attorney serves as advisory parliamentarian for the City and is available to f. Follow parliamentary procedure in conducting public meetings - The e. No personal attacks of any kind, under any circumstance 1 appropriate to belligerently challenge or belittle the speaker. of the public testifying should seek to clarify or expand information. It is never the responsibility of the Mayor to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Councilmembers to members order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive, it is a presentation. However, a Councilmember can ask the Mayor for a point of arm movements), especially those that could be interpreted as smirking, disbelief, anger or boredom.

10 (i) if his or her statement reflects personal opinion or is the official stance of the City; U:\City Clerk\Documents\ADMJNISTRATIVE codes\res CODE OF CONDUCT-ELECTED OFFICIALS.doc 10 way their participation could be viewed as unfairly affecting the process. Any member shall refrain from attending. Councilmembers should be sensitive to the However, if the advisory board is conducting a public hearing, the Council any advisory board meeting, which are always open to any member of the public. be careful to only express personal opinions - Councilmembers may attend a. If attending an advisory boards meeting, and you are not the liaison, respect. resource to the City s leadership and should be treated with appreciation and in government and serve as advisors to the City Council. They are a valuable community input. Citizens who serve on advisory boards become more involved The City has established several advisory boards as a means of gathering more G. Council Conduct with Advisory Boards of view from an official Council position. position, it is best that City letterhead not be used for correspondence of correspondence should be given to the City Clerk to be filed as part of the representing the City and the City s official position. A copy of official representation - City letterhead may be used when the Council member is b. Correspondence also should be equally clear about inform the Mayor and Council of their involvement. impacts or is detrimental to the City s interest. Councilmembers Councilmembers representing a personal point of view, or a dissenting point should withdraw from voting on the issue if it significantly should be clear about which organizations they represent and whose position is different from the City, the Council member permanent public record. To avoid confusion regarding City Council s (iv)lf the Council member is representing another organization an issue, not a personal viewpoint. member must support and advocate the official City position on (iii) If the Council member is representing the City, the Council City as an organization. personal opinions, remember that this still may reflect upon the Even if the Council member is representing his or her own (ii) whether this is the majority or minority opinion of the Council. give a statement on an issue, the Councilmember must clearly state: Councilmember appears before another governmental agency or organization to a. Be clear about representing the City or personal interests - If a

11 role and function. member s presence may affect the conduct of the advisory boards and limit their members of City Council on any item that may take action upon. A council discussion (outside of meeting advertised for City Council) by two or more U:\City Clerk\Documents\ADMINISTRATIVE CODES\RES CODE OF CONDUCT-ELECTED OFFICIALS.doc ii H. Council Conduct with the Media the advisory board. board is not operating in accordance with City Council s direction, dissolution of individual may be subject to removal from the advisory board or if the advisory and with the assistance of the City Attorney in preparing the greensheet, the an advisory board member should be brought to the attention of City Council, f. Inappropriate behavior can lead to removal - Inappropriate behavior by meetings. state or local) while conducting official duties or when attending advisory Councilmembers must be fair and respectful of any citizens serving on advisory boards. Councilmembers are free to participate in politics when not conducting official support or non-support for those who are running for any elected office (national, business, they should refrain from campaigning for office or providing political meetings Section 14 of the City Charter calls for nonpartisan elections. While e. Keep election issues away from public forums and advisory board with advice based on a full spectrum of concerns and perspectives. to represent many points of view in the community and to provide the Council d. Be respectful of diverse opinions - A primary role of advisory boards is not be used as a political reward. commitment to fulfilling official duties. An advisory board s appointment should issue. Appointment and re-appointment to an advisory boards should be based to threaten advisory board members with removal if they disagree about an on such criteria as expertise, ability to work with staff and the public, and Councilmembers, nor should Councilmembers feel they have the power or right by the Council. But advisory board members do not report to individual Councilmembers - City Council appoints individuals to serve on Advisory c. Remember that advisory boards serve City Council, not individual contact staff in order to clarify a position taken by the advisory boards. boards, and it is the responsibility of advisory boards to follow policy established lobby on behalf of an individual, business, or developer. Councilmembers should at times illegal, for a Council member to contact an advisory board member to b. Limit contact with advisory boards members - It is inappropriate, and entire City Council. Also be cognizant of the Sunshine Law, precluding clearly made as individual opinion and not a representation of the feelings of the public comments by a Council member at an advisory board meeting should be

12 experience can be catastrophic. Words that are not said cannot be quoted. record - Most members of the media represent the highest levels of journalistic a. The best advice for dealing with the media is to avoid going off the integrity and ethics, and can be trusted to keep their word. But one bad Signature Date received a copy of this Code of Conduct for their review and use. once a year thereafter, each elected officer will confirm that they have observed behaviors by the Mayor or Councilmembers, the complaining party the production of evidence, in order to make their decisions in accordance with breach of these written standards of conduct. Any action taken on the alleged Councilmembers Behavior and Conduct (City Charter 22) - City swear words when talking with the media. asides, sarcasm, or word play. It is never appropriate to use personal slurs or Councilmembers may be contacted by the media for background and quotes. b. - Choose words carefully and cautiously Comments taken out of context can cause problems. Be especially cautious about humor, sardonic I. Sanctions Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council. Serious infractions of this Code of Conduct could lead to other sanctions as deemed appropriate by Council, including forfeiture of office. It is the responsibility of City Council to initiate action if a Council member s behavior may warrant sanction due to a violation(s) must be brought up with the City Council in a public meeting. If the violation of the Code of Ethics or Code of Conduct is outside of the should bring to the attention to City Council, with City Council voting whether the City Manager, the City Attorney and/or outside investigator should investigate the allegation and report the findings to City Council. If necessary, City Council can under 23 of the City Charter subpoena witnesses, administer oaths and require 22 of the City Charter. Upon adoption of this Code of Conduct, following election to office and U:\City Clerk\Documents\ADMINISTRATIVE codes\res CODE OF CONDUCT-ELECTED OFFICIALS.doc 12